[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Rules and Regulations]
[Pages 40701-40703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18087]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0004; FRL-9966-94-Region 4]


Air Plan Approval; Kentucky; Revisions to Jefferson County 
Emissions Monitoring and Reporting

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: On March 22, 2011, and April 20, 2011, the Commonwealth of 
Kentucky, through the Kentucky Division for Air Quality (KDAQ), 
submitted revisions to the Kentucky State Implementation Plan (SIP) on 
behalf of the Louisville Metro Air Pollution Control District 
(District). The Environmental Protection Agency (EPA) is approving the 
April 20, 2011, submittal and the portions of the March 22, 2011, 
submittal concerning changes to the District's stationary source 
emissions monitoring and reporting requirements because the 
Commonwealth has demonstrated that these changes are consistent with 
the Clean Air Act (CAA or Act).

DATES:  This rule will be effective September 27, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0004. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., 
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Pesticides 
and Toxics Management Division, Region 4, U.S. Environmental Protection 
Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Wong 
can be reached by phone at (404) 562-8726 or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In this rulemaking, EPA is approving certain changes related to the 
District's stationary source emissions monitoring and reporting 
requirements in Regulation 1.06 \1\ in the March 22, 2011, and April 
20, 2011, SIP revisions. This regulation provides the District with the 
authority to require emissions monitoring at stationary sources and 
requires certain sources to maintain emissions records and provide 
annual emissions statements to the District. It does not impose any 
emissions limits or control requirements on any emissions source. The 
March 22, 2011, submission also included changes to Jefferson County 
Regulation 1.02--Definitions; Regulation 3.01--Ambient Air Quality 
Standards; Regulation 3.02--Applicability of Ambient Air Quality 
Standards; Regulation 3.03--Definitions; Regulation 3.04--Ambient Air 
Quality Standards; and Regulation 3.05--Methods of Measurement. EPA 
approved these changes, with the exception of the requested addition of 
certain definitions in Regulation 1.02, on December 6, 2016 (81 FR 
87815).\2\ The March 22, 2011, submission also included changes to 
Regulation 1.07--Emissions During Startups, Shutdowns, Malfunctions and 
Emergencies. EPA approved the changes to Regulation 1.07 on June 10, 
2014 (79 FR 33101). The April 20, 2011, submission revises only 
Regulation 1.06.
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    \1\ In 2003, the City of Louisville and Jefferson County 
governments merged and the ``Jefferson County Air Pollution Control 
District'' was renamed the ``Louisville Metro Air Pollution Control 
District.'' However, each of the regulations in the Jefferson County 
portion of the Kentucky SIP still has the subheading ``Air Pollution 
Control District of Jefferson County.'' Thus, to be consistent with 
the terminology used in the SIP, EPA refers throughout this notice 
to regulations contained in Jefferson County portion of the Kentucky 
SIP as the ``Jefferson County'' regulations.
    \2\ EPA did not approve the addition of definitions for the 
terms ``acute noncancer effect,'' ``cancer,'' ``carcinogen,'' and 
``chronic noncancer effect,'' because these definitions are not 
related to the National Ambient Air Quality Standards (NAAQS). See 
81 FR 87815.
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II. EPA's Analysis of Kentucky's SIP Revisions

A. March 22, 2011, Submittal

    The March 22, 2011, SIP submission contains a version of Regulation 
1.06 adopted by the District on June 21, 2005 (referred to as ``Version 
7'' by the District) and a version of Regulation 1.06 adopted by the 
District on September 21, 2005 (referred to as ``Version 8''). The 
version currently incorporated into the SIP is referred to as ``Version 
6'' (District effective on December 15, 1993). See 65 FR 53660 (October 
23, 2001). Collectively, Versions 7 and 8 change the heading of 
Regulation 1.06 to ``Stationary Source Self-Monitoring, Emissions 
Inventory Development, and Reporting,'' and change aspects of Section 
1--``In Stack Self-Monitoring and Reporting'' (including a change in 
the title to ``In-Stack Self-Monitoring and Reporting); Section 2--
``Ambient Air Monitoring''; and Section 3--``Emissions and Related Data 
Reporting'' (including a change in the title to ``Provisions for 
Section 4 and Section 5 Emissions Data''). The submission adds four new 
sections: Section 4--``Emissions Data for Criteria Pollutants, HAPs, 
and Ammonia''; Section 5--``Enhanced Emissions Data for Toxic Air 
Contaminants''; Section 6--``Certification by a Responsible Official''; 
and Section 7--``Confidentiality and Open Records Requirements.'' The 
changes to the heading of Regulation 1.06, the changes to Sections 1 
and 2, and the addition of Sections 6 and 7 are administrative in 
nature. The changes to Section 3 modify and add provisions regarding 
emissions reporting data requirements, methods of emissions 
calculations, and stationary source emissions statements, and remove 
outdated reporting dates; the addition of Section 4 details 
requirements for submitting emissions statements on an annual basis for 
particulate matter, sulfur dioxide, carbon monoxide, nitrogen dioxide, 
lead, ozone precursor emissions of volatile organic compounds and 
oxides of nitrogen, ammonia, and hazardous air pollutants; and Section 
5 contains requirements for enhanced emissions statements for listed 
``toxic air contaminants.'' Because the reporting of toxic air 
contaminants is not related to the National Ambient Air Quality 
Standards (NAAQS) for the criteria pollutants, EPA is not acting on 
Section

[[Page 40702]]

5.\3\ EPA is approving the changes to Regulation 1.06 contained in the 
March 22, 2011, SIP revision, with the exception of Section 5 and 
references to Section 5 located in Section 3, to the extent that these 
changes are not superseded by the changes in the April 20, 2011, 
submittal discussed below.
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    \3\ The criteria pollutants are particulate matter, sulfur 
dioxide, carbon monoxide, nitrogen dioxide, lead, and ground-level 
ozone.
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B. April 20, 2011, Submittal

    The April 20, 2011, SIP submission contains a version of Regulation 
1.06 adopted by the District on January 19, 2011 (referred to as 
``Version 9'' by the District). After acknowledging that the District 
had sent Versions 7 and 8 to Kentucky for submittal to EPA, the 
District requests that EPA incorporate Version 9 into the SIP and 
identifies changes in Regulation 1.06 between Version 8 and Version 9. 
Version 9 revises Version 8 by changing aspects of Section 1 (including 
a change in the title to ``Stack Monitoring and Reporting''); Section 2 
(including a change in title to ``Ambient Air Monitoring and 
Reporting''); Section 3 (including a change in the title to 
``Requirements for Section 4 and Section 5 Emissions Statements''); 
Section 4 (including a change in the title to ``Emissions Statements 
for Criteria Pollutants, HAPs, and Ammonia''); Section 5 (including a 
change to the title to ``Emissions Statements for Toxic Air 
Contaminants''); and Section 6. Version 9 also eliminates Section 7. 
The submitted changes clarify and streamline the monitoring, 
recordkeeping, and reporting requirements for stationary sources by 
deleting and combining redundant and outdated provisions. The changes 
to Section 4 also modify the emissions threshold for sources to submit 
annual emissions statements to the District. For the reasons discussed 
above, EPA is not acting on Section 5 or on the references to Section 5 
located in Section 3.
    EPA has determined that the changes to Regulation 1.06 in the March 
22, 2011, and April 20, 2011, SIP submissions are consistent with the 
CAA. The text of the regulation in the SIP will reflect Version 9, with 
the exception of Section 5 and any references to Section 5 located in 
Section 3.
    In a notice of proposed rulemaking (NPRM) published on June 29, 
2017 (82 FR 29467), EPA proposed to approve the changes to Regulation 
1.06 in the March 22, 2011, and April 20, 2011, SIP submissions as 
described above. The rationale for EPA's actions are further explained 
in the NPRM. Comments on the proposed rulemaking were due on or before 
July 31, 2017. EPA received no adverse comment on the proposed action.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Jefferson 
County Regulation 1.06--Stationary Source Self-Monitoring, Emissions 
Inventory Development, and Reporting, District effective on January 19, 
2011, with the exception of Section 5 and any references to Section 5 
located in Section 3. EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and/or at the 
EPA Region 4 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).
    Therefore, these materials have been approved by EPA for inclusion 
in the SIP, have been incorporated by reference by EPA into that plan, 
are fully federally-enforceable under sections 110 and 113 of the CAA 
as of the effective date of the final rulemaking of EPA's approval, and 
will be incorporated by reference by the Director of the Federal 
Register in the next update to the SIP compilation.\4\
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    \4\ 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is taking final action to approve Kentucky's March 22, 2011, 
and April 20, 2011, SIP revisions as discussed in Section II, above. 
The text of Jefferson County Regulation 1.06--Stationary Source Self-
Monitoring, Emissions Inventory Development, and Reporting in the SIP 
will reflect the version of the rule effective on January 19, 2011 
(Version 9) with the exception of changes to Section 5 and any 
references to Section 5 located in Section 3.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other

[[Page 40703]]

required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 27, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Sulfur 
dioxide, Particulate matter, Reporting and recordkeeping requirements.

    Dated: August 16, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42.U.S.C. 7401 et seq.

Subpart S--Kentucky

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2. In Sec.  52.920, table 2 in paragraph (c) is amended by revising the 
entry ``1.06'' to read as follows:


Sec.  52.920   Identification of plan.

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    (c) * * *

                         Table 2--EPA-Approved Jefferson County Regulations for Kentucky
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                                                                                District
      Reg            Title/subject      EPA approval     Federal Register       effective        Explanation
                                            date              notice              date
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                                            Reg 1--General Provisions
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                                                  * * * * * * *
1.06...........  Stationary Source            8/28/17  [insert Federal            1/19/2011  Revision approved
                  Self-Monitoring,                      Register citation].                   except section 5
                  Emissions Inventory                                                         and any references
                  Development, and                                                            to section 5
                  Reporting.                                                                  located in section
                                                                                              3.
 
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[FR Doc. 2017-18087 Filed 8-25-17; 8:45 am]
 BILLING CODE 6560-50-P